HomeMy WebLinkAboutExhibit 1'this Instrument Prepared By:
Tauman 3, Lewis
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
HOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT" 1'RLIST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE
No.130337926
PA No.
THIS LEASE is hereby issued by the Board of Tiustees of the Internal hnprovement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the
faithful and timely perl'onnanee of and compliance with all terms and conditions stated herein, the Lessor does hereby
lease to City of Miami. Florin, hereinafter referred to as tlic Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Section 31,
Township 54 South, Itdnge 41 East, in Miami Rier,
Miami -Dade County, containing 10.671 square feet, more or less,
as is more particularly described and shown on Attachtnent A,
dated December 13 20b7.
TO HAVE THE USE OF the hereinabovc described premises fora period of years from May5. 2008, the
etTective date of this lease. The terms and conditions on and for which this lease is granted are as follows:
1. USE OF PROPERTY- The Lessee is hereby afsthorized to operate an existing 8-slip docking facility exclusively
to be used for mooring of commercial fishing vessels in conjunction with an upland commercial fishing business, without
fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Horida Department of
Environmental Protection or local authority, whichever entity applies the more stringent criteria, and without tivcaboards as
defined in paragraph 29, as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions
of this lease.
2. Li;QSE FEES- The Lesser hereby agrees to pay to the Lessor an initial annual lease fee of S.1.553.21 and 25
percent surcharge, ifapplicablc, plus sales tax pursuant to Section 212.031. Florida Statutes, if applicable, within 45 days of
receipt of this billy executed lease. The annual fee for the remaining years of the lease shall be adjusted pursuant to provisions
of Rule 18-21.011, Florida Administrative Code. The State of Florida Department of Environmental Protection, Division of
State Lands, will notify the Lessee in writing of the amount and the due date °reach subsequent annual payment during the
remaining term °fthis lease. All lease fins due hereunder shall be remitted to the State of Florida Department of
Environmental Protection, as agent for the Lessor.
1091
3 WET SLIP RENTAL CERTI FICATTON/$UIPP1,EMENTAL PAYMENT: (A) the Lessee shall provide upon
request by the Lessor any and all information in a cenificd form needed to calculate the lease fee specified in paragraph two
(2) above, including the income, as defined in subsection 18-21.003(28), Florida Administrative Code, derived directly cr
indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6%) of said annual income
exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011, Florida Administrative Code, for any
lease year during the tents of this lease, the t.essor shall send the Lessee a supplemental invoice for the dif erence in the
amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip
al the leased docking facility to a third party shall include a pmvision that clearly notifies the wet slip renter/user/holder that if
the wet slip ranter/user/holder subsequently transfers his right to use said wet stip to another party, the instrument or agreement
used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from
said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said
amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that
clearly notifies the wet slip renter/user/holder that no interest in said wet slip may bc further transferred unless a substantially
similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to
transfer said wet slip to each new wet slip renter/user/holder.
4. LATE FEIiASSESSMENTS: The Lessee shall pay a late charge equal to interest at the rate of twelve percent
(12%) per annum from the due date until paid on any lease fees duc hereunder which are not paid within 30 days of their due
dates.
5. EXAMINATION OF LESSEE'S RbCORDS: For purposes of this lease, the Lessor is hereby specifically
authorized and empowered to examine, for the teen of this lease including any extensions thereto plus three (3) additional
years, at all reasonable hours, the books, records, contracts, and other docur cnts confirming and pertaining to the computation
of annual lease payments as specified in paragraph two (2) above.
6. MAINTENANCE OF LESSEE_.S.RES'ORDS• The Lessee shall maintain separate accounting records for: (i) the
gross revenue derived directly from the use ofthe leased premises, (ii) the gross revenue derived indirectly from the use of the
leased premises, and (iii) all other gross revenue derived front the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the entire term of' this lease plus three (3) additional years. This period
shall be extended for an additional two (2) years upon written request for examination of all seconds and accounts for lease
verification purposes by thc Lessor, prior or at the expiration of the lease tenn.
7. AGREEMENT TO EXTENT OF USP; This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein. The Lessee shall not change or add to thc approved use ofthe leased pretnises as defined
herein (e.g., from commercial to multi-farnily residential, from temporary mooring to rental of wetslips, from rental of wetslips
to contractual agreement with third party for docking oferuise ships, from rental of recreational pleasure craft to rental or
temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wetslipxs, etc.), shall not change
activities in any manner that may have an envimnmental impact that was not considered in the original authorization or
regulatory pennit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory
permiUmodificd permit, if applicable, and the Lessor's written authorization in the loan of a modified lease, the payment of
additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization
under the modified lease.
8. PROPERTY RIGHTS: The Lessee shall make no claim of tide or interest to said lands hereinbeforc described by
reason of the occupancy or use thereof. and all title and interest to said land hereinbetbre described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership. including hut not limited to any fonn of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim. including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re -sold.
9. INTEREST iN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in thc riparian upland property and if such interest is tenninatcxf, the lease may be •
terminated at the option of the Lessnr. Prior to sale ant/or termination of the Lessee's leasehold or lee simple title interest in
the upland property, Lessee shall infbnn any potential buyer or transferee oldie lessee's upland prep ei y interest of the
ex istence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to
effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee lions responsibility
for full compliance with the terns and conditions of this lease which include. but are not limited to, payment of all fees and/or
penalty assessments incurred prior to such act.
l'age a of jg Pages
Sovereignty Submerged Lands I.ease No. I3033792(t
10. ASSIGNMI:I(T OF LFASF. This lease shall not be assigned or otherwise transfcmd without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions ol'this lease, current management standards and applicable laws, ntles and regulations in clTect at that time.
Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
The lessor hereby consents to the Lessee granting a license to Garcia Brothers Wholesale, Inc. for the use of the leased
promises. Thc Lessee agrees that it will not grant a license or sublease to any party other than Garcia Brothers Wholesale, Inc.
without the prior written consent of -the Lessor and the Lessor agrees that it will not unreasonably withhold consent
11. 1ND1 MNIFICA'f1OrliNVESTI(IATlON OF All. CLAIMS., Upon notification the Lessee shall investigate all
claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the
negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as
an indeinnity or a wais'er of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes,
as amended fmm time to time, or any other law providing limitations on claims.
12. VENUE. Lessee waives venue as to any litigation arising from matters relating to this lease and any such
litigation between Lester and Lessee shall be initiated and maintained only in Leon County, Florida.
13. NOTICE/COMPLIANCE/TERMINATION:, The Lessee binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its
successors and assigns: In the event the Lessee fails or refers to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any ol'the provisions and conditions herein, or fails or refuses to comply with the provisions
and conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this lease may be terminated by the
Lessor upon thirty (30) days written noble to Lessee. If canceled, all of die above -described leased premises shall revert to the
Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient
if sent by 11S Mail to the following addresses and contacts and shall retrain until changed to such other places or contact
persons as Lessee may designate frnn time to time by notice to Lessor. Thc Lessee may notify the ►.essor by certified mail of
any change to these addresses al least ten (10) days before the change is effective:
CITY MANAGER
City of Miami
444 C.W. 2"'t Avenue
l0's Floor
Miami, Florida 33130
On' ATTORNEY
City of Miami
444 S.W. 2"' Avenue
9W Floor
Miami, Florida 33130
DIRECTOR, PUBLIC FACILITIES
City of Miami
444 S.W. 2"' Avenue
3"' Floor, Attention: Asset Management Division
Miami, Florida 33130
14. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility litr liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes ol'every kind
and description which tire now or tnay be hereafter lawtidly assessed and levied against the subject property during the
effective period of this lease.
15. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any pan
thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy
are consented to by the [.essor and the lease is modified accondingly, nor shall Lessee knowingly permit or suffer any
nuisances or illegal operations ofany kind on the leased promises.
16. MAINTENANCE OF FACII 1TY/RIG(IT TO 1NSPLCT: The Lesseee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or picr shall be constructed in any manner that would cause harm to wildlife. The leased premises shall
he subject to inspection by the Lessor or its designated agent at any reasonable time.
17. NON-DIS('RIMINATION., Die Lessee shall not discriminate against any individual because of that individual's
race, color. religion, sex, national origin, age, disability, thmilial status, marital status or sexual orientation with respect to any
activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased arca.
During the lease term, the f.esser shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and
visible location on the leased promises or adjacent business office oldie Lessee. 1t shall be the responsibility of the Lessee to
post the placard in a manner which will pmvidc protection from the elements, and, in the event that said placard Incomes
illegible at any time during the ter of this lease (including any extensions thereof), to notify the lessor in writing. so that a
replacement may be provided to the Lesser.
Paged of14 Pages
Sovereignty Submerged Lands Lease No. 130337926
1R. i;NFOR('CMIiNT OF PROVISIONS. No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subscquenl breach or breaches.
19. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
20. RENEWAL PROVISIONS• Renewal of this lease shall be at the sole option of the lessor. Such renewal shall
be subject io the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect
at that time. In the event that Lessee is in full cotnpliance with the terms of this lease. the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current tcnn hereof 'the term ol'any renewal granted by the Lessor shall commence on
the last dap of the previous lease tern. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not
grant a renewal, the Lessee shall vacate the leased premises and nave all structures and equipment occupying and erected
thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute
an affirmative covenant upon the riparian upland propeny more specifically described in Attachment j}, which shall run with
the title to 'said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in
interest.
The Lessee's City Manager shall be authorized to execute future tease renewals without tirrther City of Miami Commission
("City Commission") approvals, providing that these lease renewals do not contain material amendments to the terms and
conditions bf this lease.
21. REMOVAi. OF STRUCTURES/ADMINISTRATIVE FINES; If the Lessee does not remove said structures and
equipment occupying and erected alum the leased premises after expiration or cancellation of this lease. such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by oertillled mail addressed to the Lessee at the address specified in Paragraph
13 or at such address on record as provided to the Lessor by the Lessee. however, such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
22: REMOVAL COS l Sn.IEN ON RIP IAN UPLAND PROPERTY. Any costs incurred by the Lessor in
removal of any structures and equipment constructed or maintained on state lands Mall be paid by lessee and any unpaid costs
and expenses shall constitute a hen upon the interest of the. Lessee in the riparian upland property enforceable in sutnmary
pmccedings as provided by law.
23• RECORDATION OF LE,ASE; The Lessee, at its own expense, shall record this fully executed lease in 'Ls
entirety in the public records of the county within which the lease site is located within thirty (30) days after receipt, and shall
provide to the Lessor within ten (10) days following the recordation a copy oldie recorded lease in its entirety which contains
the O.R. hook and pages at which the tease is recorded.
24. RIPARIAN RI(JIiTS'FINAL Af)JUDiCATION• In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Lessee agrees to cities obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this
lease agreehnent at the option of the Lessor.
25. AMENDMENTS/MODIFICATIONS• This lease is the entire and only age a ruin between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor. and must comply with the rules and statutes in existence at the time of
the execution of the modification or atnenchnent. Notwithstanding the provisions of this paragraph, if mooring is authorized
by Ibis lease, the I.cssec may install bcatlills within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any stale or local regulatory permit that may be required; and (b) the location or size of ibe lin does not
increase the mooring capacity of the docking facility.
The Lessee's City Manager shall be authorized administratively, without the necessity of prior City Com tnission approvals, to
make non -substantive amendments providing that these amendments do nut constitute material changes to the teens and
conditions of this Icasc.
Page 4 of 14 Pages
Sovereignty Submerged (.ands Lease No. 130337920
26. ADVERTiSIiMI:NT/SIGNS/NQN-WA'fl:R DEPENDENT ACTIVITIEiS;'ADDITIONAL
[i('TI V FtIES/MiNOR STRUCTURAL REPAIRS; No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining
activities arc to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating strictures,
fences, docks, pilings or any structures whose use is not water -dependent shall he enacted or conducted over sovereignty
sut'unerged lands without prior written consent t'rom the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over the
sovereignty, submerged lands described in this lease without prior written consent from the Lessor. Unless specifically
authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter
25i. Florida Statutes, and shall subject thc Lessee to administrative fines under Chapter 18-14, Florida Administrative Code.
This condition does not apply to minor structural repairs required to maintain (he authorized stnscturcs in a good state ofrepair
in thc interests of public health, safety or welfare; provided, however, that such activities shall not exceed thc activities
authorized by this lease.
27. ACOE AUTIJORILATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Arty Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall )cquire consideration by and the prior
written approval of the Lessor prior to the commencement of constniction and/or any activities on sovereign, submerged lands.
28. COMPLIANCE WIT!( FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules taromulgateU thereunder. Any unlawful activity
occuning on the leased premises, or in conjunction with the use of the leased premises, shall be grounds for the termination of
this lease by the Lessor.
29. LI VEABOARDS: The tenn "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons f'or any five (S) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one (1) of this tease, in no event shall such "liveaboard" status exceed six (6) months within any
twelve (12) month period, nor shalt any such vessel constitute a legal or primary residence.
30. GAMBLING VESSELS: During the tenn ol'this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that arc used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and retum to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to amity passengers to and from such
gambling cruise ships.
31. SPEC'IAi. i.EASE CONDITION: This Lease supersedes and replaces the Temporary Use Agreement dated
September 4. 2007 for the sane sovereignty submerged lands described in this lease and the panics to this lease acknowledge
that the Temporary Use Agreement is no longer in effect.
Page ofj4 Pages
Sovereignty Submerged Lands Lease No. 130337926
WITNESSES:
Original Signature
13Y:
Print/fype Name of Witness
Original Signature
Print/Type Name of Witness
Sl'A'rE OF FLORIDA
COUNTY OF LEON
BOARD OF 'TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND 01, 'll"IE STATE
OF FLORIDA
(SEAL)
Jeffery M. (lenity, Operations and Management Consultant
Manager, Bureau or Public Land Administration,
Division of State Lands, State of Florida Department of
Environmental Protection, as agent Or and on behalf of the Boant
ol'Trustees of the Internal Improvement 'Trust Fund of the State
of Florida
"LESSOR"
The foregoing instrument was acknowledged before one this day of , 20_, by
)effery M, Gentt Operations and Management Consultant Manager, Bureau of Public Land Administration. Division of State
Lands. Stats_of Florida Denaritncnt of Environmental Protection as agent for and on behalrof the Board of frustcss of the
Internal Irranrovcment Tmst"Fund of the State of Florida. i le is personally known to one.
APPROVED AS To FORM AND LEGALITY:
DEP Attorney
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Cotnrnission Expires:
CommissioniSerial No.
APPROVED AS TO INSURANCE City of Miami. Florida (SEAL)
BY:
Lee Ann Brehm, Director, Risk Management Dept. Original Signature of Executing Authority
APPROVED AS TO LEGAt. FORM Pedro G. Hernandez
'Typed/Printed Name of Executing Authority
City Manager
Julie O. Btu, City Attorney Title of Executing Authority
ATTEST:
Priscilla A. Thompson, City Clerk
STATE OF
COUNTY OF
"LESSEE"
The foregoing instrument was acknowledged before me this day of 200,
by f'erlro O" Hemmandez as City Mang, for and on behalf of City of Miami. Florida. Ile is personally known to Inc or who has
produced as identification.
My Commission Expires:
Signature of Notary Public
Notary Public, State of
Commission/Serial No. Printed, Typed or Stamped Namur
Page of 14 Pages
Sovereignty Submerged Land Lease No. 130337926